Bava Batra

[could it not then be said] here  also [that] a person is wont to disclaim wealth for himself!  — R. Huna gave his ruling there  only when [the creditor] was in possession of a bond of indebtedness.  [Does this] imply that Rab and Samuel [deal with a case] where the [creditor] is not in possession of a bond?  [Why, then,] is [the maneh] to be given [where the dying man] said 'Give'? [This, surely,] is [only] a verbal loan, and both Rab and Samuel stated [that] a verbal loan may be recovered neither from the heirs nor from the buyers!  — But, said R. Nahman, both  [are cases] where [the creditor] is in possession of a bond, but  there is no contradiction. The one [is a case of a bond] that was authenticated;  the other where it was not authenticated. [Consequently,  if] he said, 'Give,' he [thereby] confirmed  the bond. [If, however], he did not say, 'Give,' he did not confirm  the bond. Rabbah stated: If a dying man said, 'I owe a maneh to X', and the orphans stated, 'We have paid it' they are believed. [If, however, he said,] 'Give a maneh to X', and the orphans stated, 'We have paid it', they are not believed. Topsy-turvy!  [Does not] the reverse stand to reason? If he  said, 'Give a maneh', since their father had given a definite order,  it might be [justly] assumed that they discharged [the debt]; [if, however, he said.] 'I owe a maneh to X', since their father did not give a definite order, it ought to be assumed that they did not discharge it!  — If, however, [such a statement] was made, it was made  in the following terms: If a dying man said, 'I owe a maneh to X', and the orphans declared, 'Our father subsequently told us that he paid',  they are believed. What is the reason? He might have [subsequently] recalled it  to his mind. [If, however, he said,] 'Give a maneh to X', and his orphans declared, 'Our father subsequently told us that he paid',  they are not believed; for had it been the case that he paid it, he would not have used [the word], 'Give'. Raba inquired: What [is the law where] a dying man admitted [a debt]? Is it necessary [for him] to say [also] 'Be you my witnesses,  or is it not necessary to say, 'Be you my witnesses'? [Is it assumed that] a man  might jest in the hour of his death or that a man does not jest in the hour of his death? Is it necessary [for him] to say. 'Write',  or is it not necessary to say, 'Write'? — After having raised these questions, he answered them himself:  No one jests in the hour of [his] death, and the words of a dying man are regarded [legally] as written and delivered. MISHNAH. IF A MAN LENT [MONEY] TO AN OTHER ON [THE SECURITY OF] A BOND OF INDEBTEDNESS,  HE MAY COLLECT [THE DEBT] FROM MORTGAGED PROPERTY.  [IF, HOWEVER, THE LOAN WAS MADE] BEFORE  WITNESSES,  HE  MAY RECOVER [HIS DEBT] FROM FREE PROPERTY [ONLY].